People v. Smith

We granted certiorari, pursuant to C.A.R. 49(a)(1), to consider the validity of subsection 1(g) of Colorado’s harassment statute, section 18-9-111, 8B C.R.S. (1986). The El Paso County District Court affirmed the county court’s dismissal of the charge of harassment against respondent Ronald J. Smith on the ground that the statutory subsection under which he was charged was unconstitutionally vague and overbroad on its face under the state and federal constitutions. We hold that subsec tion (l)(g) is facially overbroad and therefore affirm. 1

I

On July 17, 1991, Smith was charged with harassment…